Tanzania’s judiciary set for major overhaul under CUF’s manifesto

Judges to be appointed by commission

Currently, under Article 109(2) of the Constitution, the President appoints the Chief Justice and other High Court judges after consultation with the Judicial Service Commission. CUF proposes to amend the law so that appointments are made by an independent commission, with senior posts such as High Court and Court of Appeal judges requiring parliamentary approval. The idea is not entirely new.

It was previously recommended in the draft constitution prepared by the Constitutional Review Commission under Judge Joseph Warioba, which suggested parliamentary oversight to ensure transparency.

CUF argues that this reform would strengthen judicial autonomy and protect the courts from political interference. The party says the Judiciary must be recognised in the new constitution as the final authority in legal matters and that it would be unconstitutional for the Government to defy court rulings.

In addition to reforming appointments, CUF promises to improve the welfare of judicial staff, recruit more qualified officers, and introduce modern technology to speed up the resolution of cases.

Independent Human Rights Commission

The manifesto also pledges to establish an Independent Human Rights Commission with powers to investigate abuses, restore denied rights, and prosecute offenders.

The commission would operate without political influence, with members nominated through a transparent process outlined in the new constitution and confirmed by Parliament. Commissioners would serve a maximum of two five-year terms, and the body would be required to present annual reports to Parliament for debate.

Importantly, the commission would have the authority to summon and question alleged violators without seeking permission from any individual or institution, provided sufficient evidence exists. Victims of abuse or their representatives would also be able to request investigations.

Civil rights protections

Beyond the Judiciary, CUF’s manifesto makes broad commitments to safeguard civil liberties. The party says it would enact laws barring the State from seizing land without meaningful consultation and agreement with affected citizens. It would also ban the use of security organs by politicians or state officers to attack peaceful demonstrators, strikers, or assemblies.

The manifesto further outlines measures to protect workers and the media. A CUF-led Government would require all employers to issue formal contracts to their employees. It would guarantee that registered media companies with valid licences are not subjected to duplicate registration or geographical restrictions imposed by other state agencies.

On political participation, CUF promises constitutional changes allowing any qualified citizen to contest elective positions without the requirement of party sponsorship. The party also intends to integrate human rights education into civics studies in primary and secondary schools in order to raise awareness from a young age.

CUF has further promised to form a Government of National Unity (GNU) on the mainland, modelled on Zanzibar’s 2010 constitutional arrangement, which it says would ensure inclusive governance and fair access to justice.

Analysts react

Independent political and security analyst Sam Temu said CUF’s proposals would, if implemented, reduce the perception of judicial bias and enhance the rule of law.

“The Judiciary may be seen as freer, without appearing beholden to the President’s appointments. However, such a system will require a highly transparent and accountable commission; otherwise, it could easily become another avenue for favouritism,” he cautioned.

On media reforms, Mr Temu welcomed the manifesto, noting that it would ease operational challenges by limiting government control. “This is an important step for press freedom, as state institutions have often created legal and political obstacles for the media,” he said.

Another analyst, Mr Edwin Soko, chairperson of the Media Institute of Southern Africa–Tanzania (MISA-TAN), described CUF’s plans as “progressive and long overdue.” “In my view, these are good proposals because they would free the Judiciary from political patronage.

Judges would no longer be accountable to the President, as is currently the case. This is exactly what our neighbours in Kenya have done, and it explains why their Judiciary enjoys far greater independence,” Mr Soko observed.

On the planned Independent Human Rights Commission, Mr Soko noted that while a similar body already exists, it suffers from limitations due to presidential control over appointments. “What CUF is suggesting is to remove this power from the President and vest it in a special recruitment body. This would significantly strengthen the commission’s credibility,” he said.

A wider governance agenda

Analysts say CUF’s manifesto reflects a broader push for accountability and institutional reforms in Tanzania’s governance. The party’s vision, they argue, is to dismantle excessive executive dominance by empowering independent institutions.

“Ultimately, this is about trust in public institutions,” said Mr Temu. “If the Judiciary, the Human Rights Commission, and the media are truly independent, citizens will feel protected and represented. It is a model that could enhance both democracy and stability.”

As the election campaigns gain momentum, CUF’s reform agenda is expected to spark debate across the political spectrum. Supporters view it as a bold and necessary step towards modern governance, while critics question whether the proposals are realistic in a political environment still dominated by executive power.

For CUF, however, the message is clear: only a strong and independent Judiciary, backed by constitutional guarantees of civil rights, can deliver justice and equality for all Tanzanians.